New York v. United States
Encyclopedia
New York v. United States, 505 U.S. 144
(1992) was a decision of the United States Supreme Court
. Justice Sandra Day O'Connor
, writing for the majority, found that the "Take Title" provision of the Low-Level Radioactive Waste Policy Amendments Act of 1985 exceeded Congress
's power under the Commerce Clause
.
of the states to deal with the problem individually. New York was a willing participant in the compromise, but after the Act was passed, the state attempted to renege.
The Act provided three "incentives" for states to comply with the agreement. The first two incentives were held constitutional. The first incentive, "monetary" incentive, allowed states to collect gradually increasing surcharges for waste received from other States. The Secretary of Energy would then collect a portion of this income and redistribute it to reward states achieving a series of milestones in waste disposal. This was held to be within Congress's power under the Taxing and Spending Clause
, and an "unexceptionable" exercise of that power. The second incentive, the "access" incentive, allowed states to reprimand states that missed certain deadlines by raising surcharges or eventually denying access to disposal at those state's facilities completely. This was held to be a permitted exercise of Congress's power under the Commerce Clause
.
The third incentive, requiring states to "take title" and assume liability for waste generated within their borders if they failed to comply, was held to be impermissibly coercive and a threat to state sovereignty, thereby violating the Tenth Amendment
.
The Court found the "take title" provision to be severable, and, noting the seriousness of the "pressing national problem" being addressed, allowed the remainder of the Act to survive.
wrote a dissenting opinion that was joined by Justices Blackmun
and Stevens
. He stressed that the Act was a product of "cooperative federalism," a situation where the States "bargained among themselves to achieve compromises for Congress to sanction." Noting that Congress does have the power to directly regulate radioactive waste (as opposed to compelling state legislatures to regulate according to their scheme), White said that the "ultimate irony of the decision today is that in its formalistically rigid obeisance to 'federalism,' the Court gives Congress fewer incentives to defer to the wishes of state officials in achieving local solutions to local problems."
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1992) was a decision of the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
, writing for the majority, found that the "Take Title" provision of the Low-Level Radioactive Waste Policy Amendments Act of 1985 exceeded Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
's power under the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
.
Background
The Low-Level Radioactive Waste Policy Amendments Act was an attempt to imbue a negotiated agreement among the States with federal incentives for compliance. The problem of what to do with radioactive waste was a national issue complicated by the political reluctanceNIMBY
NIMBY or Nimby is an acronym for the phrase "not in my back yard". The term is used pejoratively to describe opposition by residents to a proposal for a new development close to them. Opposing residents themselves are sometimes called Nimbies...
of the states to deal with the problem individually. New York was a willing participant in the compromise, but after the Act was passed, the state attempted to renege.
The Act provided three "incentives" for states to comply with the agreement. The first two incentives were held constitutional. The first incentive, "monetary" incentive, allowed states to collect gradually increasing surcharges for waste received from other States. The Secretary of Energy would then collect a portion of this income and redistribute it to reward states achieving a series of milestones in waste disposal. This was held to be within Congress's power under the Taxing and Spending Clause
Taxing and Spending Clause
Article I, Section 8, Clause 1 of the United States Constitution, is known as the Taxing and Spending Clause. It is the clause that gives the federal government of the United States its power of taxation...
, and an "unexceptionable" exercise of that power. The second incentive, the "access" incentive, allowed states to reprimand states that missed certain deadlines by raising surcharges or eventually denying access to disposal at those state's facilities completely. This was held to be a permitted exercise of Congress's power under the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
.
The third incentive, requiring states to "take title" and assume liability for waste generated within their borders if they failed to comply, was held to be impermissibly coercive and a threat to state sovereignty, thereby violating the Tenth Amendment
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
.
The "take title" provision
After noting the constitutionality of the first two incentives, Justice O'Connor characterized the "take title" incentive as an attempt to "commandeer" the state governments by directly compelling them to participate in the federal regulatory program. The federal government "crossed the line distinguishing encouragement from coercion." The distinction was that with respect to the "take title" provision, the States had to choose between conforming to federal regulations or taking title to the waste. Since Congress cannot directly force States to legislate according to their scheme, and since Congress likewise cannot force States to take title to radioactive waste, O'Connor reasoned that Congress cannot force States to choose between the two. Such coercion would be counter to the federalist structure of government, in which a "core of state sovereignty" is enshrined in the Tenth Amendment.The Court found the "take title" provision to be severable, and, noting the seriousness of the "pressing national problem" being addressed, allowed the remainder of the Act to survive.
Dissent
Justice WhiteByron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
wrote a dissenting opinion that was joined by Justices Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
and Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
. He stressed that the Act was a product of "cooperative federalism," a situation where the States "bargained among themselves to achieve compromises for Congress to sanction." Noting that Congress does have the power to directly regulate radioactive waste (as opposed to compelling state legislatures to regulate according to their scheme), White said that the "ultimate irony of the decision today is that in its formalistically rigid obeisance to 'federalism,' the Court gives Congress fewer incentives to defer to the wishes of state officials in achieving local solutions to local problems."
See also
- List of United States Supreme Court cases, volume 505
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court